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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12624
Experience:  Significant experience in all areas of employment law.
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Im a 62 year old black male, have worked for this manufacturing

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I'm a 62 year old black male, have worked for this manufacturing company 42 years. I'm currently a department manager. After being passed over for the Plant production manager's job three times the company has approached me to fill the production managers position. I asked my boss if this was a lateral move or a promotion to the next grade level (grade 11). All prior managers that has held this position was white and was grade 11. He stated that he did not know he was still a grade 11, he will find out and let me know.

I plan to file suit if I'm not offered grade 11 with grade 11 pay. My question is should I accept the offer if it's less than grade 11 and sue later or decline the offer and then sue?
Good evening and thank you for entrusting me to answer your question. I will do everything I can to assist you.

If you do not receive the same pay as those who have previously held this position and those other individuals were all white, you would have a rather strong claim for race discrimination, seeing as there is no reasonable basis for the disparity.

Ordinarily, it is much better to accept the position and sue for damages rather than to turn down the position all together. This way, it is easy to argue that you have sustained a quantifiable harm in the difference between pay grade 10 and 11 for the length of time you have filled the production manager position.

If you refuse the position due to pay, then you really muddle your damages claim, since your employer can argue there were other reasons you rejected the position, and also that you shouldn't be entitled to the elevated rate of pay because you never performed work as a production manager to warrant it.

In short, a claim for racial discrimination would typically be strong if you are denied comparable pay to white employees who have held the same position. However, an individual in your circumstance will ordinarily want to accept the position and subsequently sue for damages rather than reject the position and argue entitlement to higher pay. The latter approach adds needless complexity to your claim and muddles your damages.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
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